Stop
Frisk
Scope
Proper/Improper
100
Define a stop.
The detention of a person by a law enforcement officer for purposes of investigation.
100
Define a Frisk.
A superficial examination by the office of the persons, body surface, or clothing to discover items that can cause harm.
100
What is the officer allowed to search for during a Stop and Frisk?
Only for weapons.
100
When the makes suggestive or furtive gestures.
Proper
200
True or False: A stop gives officers the permission to frisk.
False A stop always proceeds a frisk but yore must have reasonable suspicion to conduct a frisk.
200
When is a frisk permissible?
When the person has a reputation of dangerousness or when a person is suspected of having committed a dangerous felony.
200
What is the officer only allowed to pat down?
The outer clothing of the individual.
200
An officer responds to a reported "prowler call and frisks two individuals who could not produce identificatio and only speak Spanish.
Proper (People v Canstañeda, 35 Cal. App. 4th 1222 [1995])
300
What distinguishes a Stop from a Non-stop?
A reasonable person would believe they are not free to leave. (United States v. Mendenhall)
300
True or False: Contraband found during a lawful frisk cannot be seized.
False. Contraband found in a frisk can be seized as long as the frisk was for officer safety.
300
When can the officer search inside someone's packet?
Only when the officer feels something that resembles a weapon.
300
An officer frisks a man who was sitting in a parked car, with the engine running, in the middle of a rural dirt road. The man had no identification or license and refused to let the officer search the vehicle. He was also nervous.
Improper (People v. Dickey, 21 Cal. App. 4th 952 [1994])
400
Name three factors that distinguish between a Stop and a Consensual Encounter.
1. Threatening behavior on the part of the officers. 2. The presence of several officers. 3. Display of a weapon by an officer. 4. Physical touching of the person by the officer. 5. Issuing orders as opposed to requests, and using intimidating language. 6. A lengthy time period and intrusive actions, such as a full body search. 7. Using lights as sirens. 8. The officer blocking the persons path, and coercive police behavior. 9. Taking place out of public view.
400
Is it constitutional to search a person after a frisk has been done?
Yes, as long as the frisk provided probable cause.
400
What is the proper duration of a Stop?
An officer can stop someone for a reasonable amount of time, based on the Totality of Circumstances.
400
An officer observes 2 men in an area with drug traffic activity, whispering to each other, and passing items back and forth. The officer stops and frisks them.
Improper The officer does not perceive the individuals to be armed or dangerous.
500
Why does the 4th Amendment apply to Stops?
A person has been "seized" when they have been stopped by an officer since they are not free to leave.
500
What are 2 conditions that must be met for a constitutional plain touch and feel?
1. Police must have reasonable suspicion to frisk. 2. Contraband must be immediately apparent for it to be lawfully seized.
500
If an officer wants to conduct a frisk of a vehicle, what area of the vehicle may the officer frisk?
The area of the interior of the vehicle within the suspect's immediate control.
500
An officer responds to a vehicle that was driving erratically. The driver of the vehicle gives false identification, is wearing a bulky jacket, and admits that he has done time for robbery to the officer. The officer orders him out of the vehicle pats him down and finds syringes in his jacket.
Proper (People v Autry, 232 Cal. App. 3d 365 [1991])
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